ShoreRivers Supports Bill to End Zombie Permits and Hold Polluters Accountable

Emily Harris, ShoreRivers • March 15, 2022

Valley Proteins rendering facility in Linkwood, Md. The facility’s permit expired in 2006, and has been administratively continued since then, allowing them to retain the same permit terms for more than two decades. Photo: ShoreRivers


The Maryland Department of the Environment (MDE) has been in the spotlight for many reasons during this legislative session, including chronic understaffing and lack of enforcement. In January, the Senate Education, Health, and Environmental Affairs committee invited Secretary of the Environment Ben Grumbles to provide an overview of the Department’s shortcomings and plans to improve staffing and enforcement. This briefing emphasized the need across many divisions at MDE for an increase in qualified staff to inspect facilities and conduct permit renewal processes.

 

Accountability and enforcement are keystone issues for ShoreRivers, and one component that we’ve focused on for the past few years is administratively continued permits, commonly known as zombie permits. When a wastewater discharge permit has expired, as long as a permittee has submitted their application to renew, MDE will extend the permit so the facility can operate on their existing terms indefinitely until the permit is actually reviewed. Currently, there are about 30 facilities on the Eastern Shore operating on zombie permits, carrying over outdated permit limits and in some cases allowing continued operation without the best available technologies in place.

 

Discharge permits are issued for five-year terms, but in some cases these permits are in place for decades because MDE cannot keep up with the volume of permit renewals. This problem intensifies when facilities violate their permit terms for effluent limitations or reporting requirements — they’re not only operating on an outdated permit, they are also in significant noncompliance with said permit.

 

The prime example for this on the Eastern Shore is the Valley Proteins rendering facility in Linkwood, Md. The facility’s permit expired in 2006, and has been administratively continued since then, allowing them to retain the same permit terms since 2001 — more than two decades. Extensive violations have been identified at the rendering facility, and MDE only addressed these violations because of evidence provided by ShoreRivers in December of last year.

 

“A facility operating in significant noncompliance of a zombie permit is the ultimate one-two punch to water quality and the entire permitting system designed to protect it. The sheer number of zombie permits and facilities operating in significant non-compliance around the state is evidence that MDE has failed to do its job and uphold its obligations under the Clean Water Act,” said ShoreRivers Director of Riverkeeper Programs Matt Pluta.

 

Not only do zombie permits in significant noncompliance result in degraded rather than improved water quality, as we’re seeing in the Transquaking River into which Valley Proteins discharges, but administratively extending these permits for many years deprives the public of the opportunity to comment. Public comment is part of the permit renewal process and is a foundational aspect of the Clean Water Act. Since these permits are not being updated in a timely manner, residents in the watershed where these zombie permits exist do not have an opportunity to publicly voice their concerns.

 

Legislation has been introduced this session to address staffing at MDE, the backlog of zombie permits, and facilities in significant noncompliance with their discharge permits. Specifically, the bill will require the agency to request sufficient positions to carry out their responsibilities and to fully address the backlog of zombie permits by 2026. Additionally, monthly inspections will be required for any facility in significant noncompliance with their permit. There are over 100 operations on the Eastern Shore in significant noncompliance, leaving our waterways vulnerable to excess pollution.

 

The bill (SB492/HB649) went before both the assigned House and Senate committees in late February, with robust support from clean water advocates across the state. Pluta testified in support of the bill during the Senate hearing alongside fellow Waterkeepers. “This legislation will bring MDE back up to the standard we expect and deserve in order to protect water quality and the communities that depend on it.”

 

To learn more about ShoreRivers’ work on enforcement and zombie permits, please contact Director of Riverkeeper Programs and Choptank Riverkeeper Matt Pluta at mpluta@shorerivers.org. To write to your state legislator in support, please visit the ShoreRivers advocacy page.

 

 

Emily Harris is the Policy & Communications Specialist for ShoreRivers. She is an Eastern Shore native, and coordinates ShoreRivers' state and federal legislative efforts.

 

ShoreRivers protects and restores Eastern Shore waterways through science-based advocacy, restoration, and education.


Common Sense for the Eastern Shore

By Friends of Megan Outten July 29, 2025
Megan Outten, a lifelong Wicomico County resident and former Salisbury City Councilwoman, officially announced her candidacy recently for Wicomico County Council, District 7. At 33, Outten brings the energy of a new generation combined with a proven record of public service and results-driven leadership. “I’m running because Wicomico deserves better,” Outten said. “Too often, our communities are expected to do more with less. We’re facing underfunded schools, limited economic opportunities, and years of neglected infrastructure. I believe Wicomico deserves leadership that listens, plans ahead, and delivers real, measurable results.” A Record of Action and A Vision for the Future On Salisbury’s City Council, Outten earned a reputation for her proactive, hands-on approach — working directly with residents to close infrastructure gaps, support first responders, and ensure everyday voices were heard. Now she’s bringing that same focus to the County Council, with priorities centered on affordability, public safety, and stronger, more resilient communities. Key Priorities for District 7: Fully fund public schools so every child has the opportunity to succeed. Fix aging infrastructure and county services through proactive investment. Keep Wicomico affordable with smarter planning and pathways to homeownership. Support first responders and safer neighborhoods through better tools, training, and prevention. Expand resources for seniors, youth, and underserved communities. Outten’s platform is rooted in real data and shaped by direct community engagement. With Wicomico now the fastest-growing school system on Maryland’s Eastern Shore — and 85% of students relying on extra resources — she points to the county’s lagging investment as a key area for action. “Strong schools lead to strong jobs, thriving industries, and healthier communities,” Outten said. “Our schools and infrastructure are at a tipping point. We need leadership that stops reacting after things break — and starts investing before they do.” A Commitment to Home and Service Born and raised in Wicomico, Megan Outten sees this campaign as a continuation of her lifelong service to her community. Her vision reflects what she’s hearing from neighbors across the county: a demand for fairness, opportunity, and accountability in local government. “Wicomico is my home; it’s where I grew up, built my life, and where I want to raise my family,” Outten said. “Our county is full of potential. We just need leaders who will listen, work hard, and get things done. That’s what I’ve always done, and that’s exactly what I’ll continue to do on the County Council.” Outten will be meeting with residents across District 7 in the months ahead and unveiling more details of her platform. For more information or to get involved, contact info@meganoutten.com
By John Christie July 29, 2025
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Shortly after assuming office in his second term, Donald Trump began to fire, without cause, the Democratic members of several of these agencies. The lower courts determined to reinstate the discharged members pending the ultimate outcome of the litigation, relying on Humphrey’s , resulting in yet another emergency appeal to the Supreme Court by the administration. In the first such case, a majority of the Court allowed President Trump to discharge the Democratic members of the NLRB and the MSPB while the litigation over the legality of the discharges continued. Trump v. Wilcox (May 22, 2025). 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Justice Kagan, joined by Justices Sotomayor and Jackson, dissented, asserting that Humphrey’s remains good law until overturned and forecloses both the President’s firings and the Court’s decision to award emergency relief.” Our emergency docket, while fit for some things, should not be used to “overrule or revise existing law.” Moreover, the dissenters contend that the majority’s effort to explain their decision “hardly rises to the occasion.” Maybe by saying that the Commissioners exercise “considerable” executive power, the majority is suggesting that Humphrey’s is no longer good law but if that is what the majority means, then it has foretold a “massive change” in the law and done so on the emergency docket, “with little time, scant briefing, and no argument.” And, the “greater risk of harm” in fact is that Congress provided for these discharged members to serve their full terms, protected from a President’s desire to substitute his political allies. More recently, in the latest shadow docket ruling in the administration’s favor, the same majority of the Court again permitted President Trump to fire, without cause, the Democratic members of another independent agency, this time the Consumer Product Safety Commission (CPSC). Trump v. Boyle (July 23, 2025). The same three justices dissented, once more objecting to the use of the Court’s emergency docket to destroy the independence of an independent agency as established by Congress. The CPSC, like the NLRB and MSPB, was designed to operate as “a classic independent agency.” In Congress’s view, that structure would better enable the CPSC to achieve its mission — ensuring the safety of consumer products, from toys to appliances — than would a single-party agency under the full control of a single President. “By allowing the President to remove Commissioners for no reason other than their party affiliation, the majority has negated Congress’s choice of agency bipartisanship and independence.” The dissenters also assert that the majority’s sole professed basis for the more recent order in Boyle was its prior order in Wilcox . But in their opinion, Wilcox itself was minimally explained. So, the dissenters claim, the majority rejects the design of Congress for a whole class of agencies by “layering nothing on nothing.” “Next time, though, the majority will have two (if still under-reasoned) orders to cite. Truly, this is ‘turtles all the way down.’” Rapanos v. United States (2006). * ***** *In Rapanos , in a footnote to his plurality opinion, former Supreme Court Justice Scalia explained that this allusion is to a classic story told in different forms and attributed to various authors. His favorite version: An Eastern guru affirms that the earth is supported on the back of a tiger. When asked what supports the tiger, he says it stands upon an elephant; and when asked what supports the elephant, he says it is a giant turtle. When asked, finally, what supports the giant turtle, he is briefly taken aback, but quickly replies "Ah, after that it is turtles all the way down." John Christie was for many years a senior partner in a large Washington, D.C. law firm. He specialized in anti-trust litigation and developed a keen interest in the U.S. Supreme Court about which he lectures and writes.
By Shore Progress, Progessive Maryland, Progressive Harford Co July 15, 2025
Marylanders will not forget this vote.
Protest against Trumpcare, 2017
By Jan Plotczyk July 9, 2025
More than 30,000 of our neighbors in Maryland’s first congressional district will lose their health insurance through the Affordable Care Act and Medicaid because of provisions in the GOP’s heartless tax cut and spending bill passed last week.
Farm in Dorchester Co.
By Michael Chameides, Barn Raiser May 21, 2025
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By Catlin Nchako, Center on Budget and Policy Priorities May 21, 2025
The House Agriculture Committee recently voted, along party lines, to advance legislation that would cut as much as $300 million from the Supplemental Nutrition Assistance Program. SNAP is the nation’s most important anti-hunger program, helping more than 41 million people in the U.S. pay for food. With potential cuts this large, it helps to know who benefits from this program in Maryland, and who would lose this assistance. The Center on Budget and Policy Priorities compiled data on SNAP beneficiaries by congressional district, cited below, and produced the Maryland state datasheet , shown below. In Maryland, in 2023-24, 1 in 9 people lived in a household with SNAP benefits. In Maryland’s First Congressional District, in 2023-24: Almost 34,000 households used SNAP benefits. Of those households, 43% had at least one senior (over age 60). 29% of SNAP recipients were people of color. 15% were Black, non-Hispanic, higher than 11.8% nationally. 6% were Hispanic (19.4% nationally). There were 24,700 total veterans (ages 18-64). Of those, 2,200 lived in households that used SNAP benefits (9%). The CBPP SNAP datasheet for Maryland is below. See data from all the states and download factsheets here.
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